Russo v. Byrne, 409 U.S. 1219 (1972)

Russo v. Byrne


No. A-150


Decided July 29, 1972
409 U.S. 1219

ON APPLICATION FOR STAY

Syllabus

The District Court, in an in camera proceeding, ruled that intercepted conversations of applicants’ counsel were not relevant to issues in their federal criminal trial, and the Court of Appeals, in affirming, held that the applicants had no standing to raise the question of relevancy.

Held: The issue of relevancy, the resolution of which determined the issue of standing, required an adversary hearing, and a stay of the criminal trial is appropriate pending the filing of a petition for a writ of certiorari in this Court and the Court’s action thereon.